HB 1654

MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Appropriations A
By: Representatives Read, Cockerham
House Bill 1654
(As Passed the House)
AN ACT TO BRING FORWARD SECTION 9-1-36, MISSISSIPPI CODE OF
1972, WHICH PROVIDES OPERATING ALLOWANCES FOR JUDGES, FOR PURPOSES OF
AMENDMENT; TO BRING FORWARD SECTION 9-21-45, MISSISSIPPI CODE OF 1972, WHICH
PROVIDES FOR THE JUDICIAL SYSTEM OPERATION FUND, FOR PURPOSES OF AMENDMENT; TO
BRING FORWARD SECTIONS 25-7-3,� 25-7-9 AND 25-7-13, MISSISSIPPI CODE OF 1972,
WHICH PROVIDE FEE SCHEDULES FOR JUDICIAL CLERKS, FOR PURPOSES OF AMENDMENT; AND
FOR RELATED PURPOSES.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
���� SECTION 1.� Section 9-1-36,
Mississippi Code of 1972, is brought forward as follows:
���� 9-1-36.� (1)� Each circuit
judge and chancellor shall receive an office operating allowance for the
expenses of operating the office of the judge, including retaining a law clerk,
legal research, stenographic help, stationery, stamps, furniture, office
equipment, telephone, office rent and other items and expenditures necessary
and incident to maintaining the office of judge which may include expenses to
travel out of state once per state fiscal year for continuing legal education
classes and or seminars if approved by the Chief Justice.� The allowance shall
be paid only to the extent of actual expenses incurred by the judge as itemized
and certified by the judge to the Supreme Court in the amounts set forth in
this subsection; however, the judge may expend sums in excess thereof from the
compensation otherwise provided for his office.
���� �From and after July
1, 2023, the office operating allowance under this subsection shall be Fifteen
Thousand Dollars ($15,000.00) per annum.
���� (2)� In addition to the
amounts provided for in subsection (1), there is created a separate office
allowance fund for the purpose of providing support staff to judges.� This fund
shall be managed by the Administrative Office of Courts.�
���� (3)� Each judge who desires
to employ support staff must have each candidate approved by the Administrative
Office of Courts before the positions may be filled.� The Administrative Office
of Courts shall not approve any hire which does not first require the
expenditure of the funds in the support staff fund for compensation of any of
the support staff before expenditure is authorized of county funds for that
purpose.� Upon approval by the Administrative Office of Courts, the judge or
judges may appoint the employees to the position or positions, and each
employee so appointed will work at the will and pleasure of the judge or judges
who appointed him but will be employees of the Administrative Office of
Courts.� Upon approval by the Administrative Office of Courts, the appointment
of any support staff shall be evidenced by the entry of an order on the minutes
of the court.� When support staff is appointed jointly by two (2) or more
judges, the order setting forth any appointment shall be entered on the minutes
of each participating court.
���� (4)� Support staff shall
receive compensation pursuant to personnel policies established by the
Administrative Office of Courts.� Each judge shall be allotted the amount of
One Hundred Thirty Thousand Dollars ($130,000.00) per fiscal year for all
support staff approved by the Administrative Office of Courts.
���� The Administrative Office of
Courts may approve expenditures from the fund for additional equipment for
support staff appointed pursuant to this section in any year in which the
allocation per judge is sufficient to meet the equipment expense after
provision for the compensation of the support staff.
���� (5)� For the purposes of
this section, the following terms have the meaning ascribed in this subsection
unless the context clearly requires otherwise:
��������� (a)� "Judges"
means circuit judges and chancellors, or any combination thereof.
��������� (b)� "Support
staff" means court administrators, law clerks, legal research assistants
or secretaries, or any combination thereof, but shall not mean school
attendance officers.
��������� (c)�
"Compensation" means the gross salary plus all amounts paid for
benefits or otherwise as a result of employment or as required by employment;
however, only salary earned for services rendered shall be reported and
credited for Public Employees' Retirement System purposes.� Amounts paid for
benefits or otherwise, including reimbursement for travel expenses, shall not
be reported or credited for retirement purposes.
��������� (d)� "Law
clerk" means a clerk hired to assist a judge or judges who has a law
degree or who is a full-time law student who is making satisfactory progress at
an accredited law school.
���� (6)� Title to all tangible
property, excepting stamps, stationery and minor expendable office supplies,
procured with funds authorized by this section, shall be and forever remain in
the State of Mississippi to be used by the circuit judge or chancellor during
the term of his office and thereafter by his successors.
���� (7)� Any circuit judge or
chancellor who did not have a primary office provided by the county on March 1,
1988, shall be allowed an additional Seven Thousand Dollars ($7,000.00) per
annum to defray the actual expenses incurred by the judge or chancellor in
maintaining an office; however, any circuit judge or chancellor who had a
primary office provided by the county on March 1, 1988, and who vacated the
office space after that date for a legitimate reason, as determined by the
Department of Finance and Administration, shall be allowed the additional
office expense allowance provided under this subsection.� The county in which a
circuit judge or chancellor sits is authorized to provide funds from any
available source to assist in defraying the actual expenses to maintain an
office.
���� (8)� The Supreme Court,
through the Administrative Office of Courts, shall submit to the Department of
Finance and Administration the itemized and certified expenses for office
operating allowances that are directed to the court pursuant to this section.
���� (9)� The Supreme Court,
through the Administrative Office of Courts, shall have the power to adopt
rules and regulations regarding the administration of the office operating
allowance authorized pursuant to this section.
���� SECTION 2.� Section 9-21-45,
Mississippi Code of 1972, is brought forward as follows:
���� 9-21-45.� (1)� There is
created in the State Treasury a special fund designated as the Judicial System
Operation Fund.� The funds shall be administered by the Supreme Court through
the Administrative Office of Courts.� The fund shall consist of monies
deposited therein as provided in Section 99-19-72 and monies from any other
source designated for deposit into the fund.� The Administrative Office of
Courts may also accept monies from any public or private source for deposit
into the fund.� Money remaining in the fund at the end of a fiscal year shall
not lapse into the State General Fund, and any interest earned from the
investment of monies in the fund shall be deposited to the credit of the fund.
���� (2)� Monies in the fund
shall be subject to appropriation by the Legislature and may only be used for
the purpose of the operation of the judicial system in the state as determined
necessary by the Supreme Court and to provide additional funds for the judicial
salaries set forth in Section 25-3-35 and Section 9-9-11(8).� Monies in the
fund used for the purposes described in this section shall be in addition to
other funds available from any other source for such purposes.
���� SECTION 3.� Section
25-7-3, Mississippi Code of 1972, is brought forward as follows:
���� 25-7-3.� The Clerk of the
Supreme Court shall charge the following fees:
(a)� General
docket fee, for filing the record on appeal in a civil or criminal case................................... $200.00
(b)�
Miscellaneous docket fee.................. � 50.00
(c)�
Confidential miscellaneous docket fee......  200.00
(d)� Admission
of new attorneys................ � 30.00
(e)� Act of
Congress certificate................ � 25.00
(f)�
Certificate of admission replacement....... � 25.00
(g)�
Certificate of good standing replacement... � 10.00
(h)� Attest
stamp.............................. �� 5.00
(i)� Order from
Minute Book.................... � 10.00
(j)� Regular
copying....................... 50 per page
(k)� Copying
from bound volumes or
records........................................... 2.00
per page
(l)� Copy of
mandate........................... � 10.00
(m)� Minimum
copy charge....................... �� 1.00
(n)� Notary fee................................ ��
2.50
(o)� Decision list
charge...................... �� 5.00
��������� (p)� Handling charge
and retrieval and delivery charges on completed Supreme Court records (to be
retained out of deposit)
On-site
retrieval......................... � 10.00
Off-site
retrieval........................ � 15.00
(q)� Forfeited
deposits on completed Supreme Court records�  100.00
(r)� Petition
for rehearing.................... � 50.00
���� Said general docket fee
shall be collected from the appellant by the clerk of the lower court and
forwarded to the Clerk of the Supreme Court.� The Clerk of the Supreme Court
shall charge the maximum amount allowable by law for services rendered where
charges for such services are provided by statute; for any other services
rendered, the amount charged shall be consistent with the cost of providing
such services.� All fees shall be paid in the form of cash, cashier's check, or
money order or by a check on the account of an attorney payable to the Clerk of
the Supreme Court. All fees authorized to be assessed and collected by the
Clerk of the Supreme Court shall be deposited into the State General Fund,
except that One Hundred Dollars ($100.00) of the general docket fee set under
paragraph (a), Twenty-five Dollars ($25.00) of the miscellaneous docket fee set
under paragraph (b), One Hundred Dollars ($100.00) of the confidential
miscellaneous fee set under paragraph (c), Fifteen Dollars ($15.00) of the act
of Congress certificate set under paragraph (e), Ten Dollars ($10.00) of the
certificate of admission replacement set under paragraph (f), Two Dollars and
Fifty Cents ($2.50) of the attest stamp set under paragraph (h), Five Dollars
($5.00) of the order from minute book set under paragraph (i), Seven Dollars
($7.00) of the copy of mandate set under paragraph (l), Fifty Dollars ($50.00)
of the forfeited deposits on completed Supreme Court records set under
paragraph (q), Twenty-five Dollars ($25.00) of the petition for rehearing fee
under paragraph (r), and the total amount charged for any other services
rendered shall be deposited to the credit of the Judicial System Operation Fund
established in Section 9-21-45.
���� SECTION 4.� Section
25-7-9, Mississippi Code of 1972, is brought forward as follows:
���� [From and after January
1, 2024, and through December 31, 2027, this section shall read as follows:]
���� 25-7-9.� (1)� The clerks of
the chancery courts shall charge the following fees:
(a)� For the act of certifying copies of filed documents,
for each complete document................................ $���� 1.00
��������� (b)� (i)� Recording
each deed, will, lease, amendment, subordination, lien, release, cancellation,
order, decree, oath, etc., per book and page listed where applicable, each deed
of trust, or any other document, for the first five (5)
pages................................................ $���
25.00
(ii)� Each additional page.............. $���� 1.00
(c)� (i)� Recording oil and gas leases, cancellations,
etc., including indexing in general indices; for the first five
(5) pages............................................ $���
25.00
������������� (ii)� Recording
each oil and gas assignment, amendment of assignment, release, etc., first five
(5)
pages................................................ $���
25.00
per additional assignee............................... $���
18.00
(iii)� Each additional page............. $���� 1.00
(iv)� Sectional index entries per section or subdivision
lot.................................................. $���� 1.00
(v)� Archive fee....................... $���� 1.00
(vi)� Entering marginal notations, if requested on
document or by cover letter, pertaining to the recording of any oil and gas
document only per book and page................... $���� 4.00
��������� (d)� (i)� Furnishing
copies of any papers of record or on file:
���� If performed by the clerk or
his employee,
per page............................................. $�����
.50
���� If performed by any other
person,
per page............................................. $�����
.25
������������� (ii)� Entering
marginal notations on
documents of record................................... $����
1.00
(e)� For attending the board of supervisors' meeting, an
annual sum not exceeding..................................... $ 2,500.00
(f)� For other services as clerk of the board of
supervisors an allowance shall be made to him (payable semiannually at the July
and January meetings) out of the county treasury, an annual sum not exceeding..................................................... $
5,500.00
��������� (g)� For each day's
attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting
only, clerk and two (2) deputies, each..................................................... $���
85.00
For the second chancellor
sitting, clerk only.......... $� ��85.00
���� Provided that the fees
herein prescribed shall be the total remuneration for the clerk and his
deputies for attending chancery court.
��������� (h)� On order of the
court, clerks and not more than two (2) deputies may be allowed five (5) extra
days for each term of court for attendance upon the court to get up records.
(i)� For public service not otherwise specifically
provided for, the chancery court may by order allow the clerk to be paid by the
county on the order of the board of supervisors, an annual sum not exceeding............................................ $
5,000.00
(j)� For each civil filing, to be deposited into the
Civil Legal Assistance Fund................................. $���� 5.00
���� The chancery clerk shall
itemize on the original document a detailed fee bill of all charges due or paid
for filing, recording and abstracting same.� No person shall be required to pay
such fees until same have been so itemized, but those fees may be demanded
before the document is recorded.
(2)� The following fee shall be a total fee for all
services performed by the clerk with respect to any civil case filed that
includes, but is not limited to, divorce, alteration of birth or marriage
certificate, removal of minority, guardianship or conservatorship, estate of
deceased, adoption that does not involve the Department of Child Protection Services,
land dispute injunction, settlement of small claim, contempt, modification,
partition suit, or commitment, which shall be payable upon filing and shall
accrue to the chancery clerk at the time of filing.� The clerk or his successor
in office shall perform all duties set forth without additional compensation or
fee....... $��� 85.00
���� (3)� For every civil case
filed:
(a)� An additional fee to be deposited to the credit of
the Comprehensive Electronic Court Systems Fund established in Section 9-21-14................................................... $���
10.00
���� ���� (b)� An additional fee
to be deposited to the
credit of the Judicial System
Operation Fund established in
Section 9-21-45....................................... $���
40.00
���� (4)� Cost of process shall
be borne by the issuing party.� Additionally, should the attorney or person
filing the pleadings desire the clerk to pay the cost to the sheriff for
serving process on one (1) person or more, or to pay the cost of publication,
the clerk shall demand the actual charges therefor, at the time of filing.
���� (5)� For each civil case
filed including an adoption involving the Department of Child Protection
Services, the filing shall be exempt from any fee under this section.
���� [From and after January
1, 2028, this section shall read as follows:]
���� 25-7-9.� (1)� The clerks of
the chancery courts shall charge the following fees:
(a)� For the act of certifying copies of filed documents,
for each complete document................................ $���� 1.00
��������� (b)� (i)� Recording
each deed, will, lease, amendment, subordination, lien, release, cancellation,
order, decree, oath, etc., per book and page listed where applicable, each deed
of trust, or any other document, for the first five (5)
pages................................................ $���
25.00
(ii)� Each additional page.............. $���� 1.00
(c)� (i)� Recording oil and gas leases, cancellations,
etc., including indexing in general indices; for the first five (5) pages�� $���
25.00
������������� (ii)� Recording
each oil and gas assignment, amendment of assignment, release, etc., first five
(5)
pages................................................ $���
25.00
per additional assignee............................... $���
18.00
(iii)� Each additional page............. $���� 1.00
(iv)� Sectional index entries per section or subdivision
lot.................................................. $���� 1.00
(v)� Archive fee....................... $���� 1.00
(vi)� Entering marginal notations, if requested on
document or by cover letter, pertaining to the recording of any oil and gas
document only per book and page................... $���� 4.00
��������� (d)� (i)� Furnishing
copies of any papers of record or on file:
���� If performed by the clerk or
his employee,
per page............................................. $�����
.50
���� If performed by any other
person,
per page............................................. $�����
.25
������������� (ii)� Entering
marginal notations on
documents of record................................... $����
1.00
(e)� For attending the board of supervisors' meeting an
annual sum not exceeding..................................... $ 5,000.00
(f)� For other services as clerk of the board of
supervisors an allowance shall be made to him (payable semiannually at the July
and January meetings) out of the county treasury, an annual sum not exceeding..................................................... $10,000.00
��������� (g)� For each day's
attendance on the chancery court, to be approved by the chancellor:
For the first chancellor sitting
only, clerk and two (2) deputies, each..................................................... $���
85.00
For the second chancellor
sitting, clerk only.......... $��� 85.00
���� Provided that the fees
herein prescribed shall be the total remuneration for the clerk and his
deputies for attending chancery court.
��������� (h)� On order of the
court, clerks and not more than two (2) deputies may be allowed five (5) extra
days for each term of court for attendance upon the court to get up records.
(i)� For public service not otherwise specifically
provided for, the chancery court may by order allow the clerk to be paid by the
county on the order of the board of supervisors, an annual sum not exceeding............................................ $
5,000.00
(j)� For each civil filing, to be deposited into the
Civil Legal Assistance Fund................................. $���� 5.00
���� The chancery clerk shall
itemize on the original document a detailed fee bill of all charges due or paid
for filing, recording and abstracting same.� No person shall be required to pay
such fees until same have been so itemized, but those fees may be demanded
before the document is recorded.
(2)� The following fee shall be a total fee for all
services performed by the clerk with respect to any civil case filed that
includes, but is not limited to, divorce, alteration of birth or marriage
certificate, removal of minority, guardianship or conservatorship, estate of
deceased, adoption that does not involve the Department of Child Protection
Services, land dispute injunction, settlement of small claim, contempt,
modification, partition suit, or commitment, which shall be payable upon filing
and shall accrue to the chancery clerk at the time of filing.� The clerk or his
successor in office shall perform all duties set forth without additional
compensation or fee....... $��� 85.00
���� (3)� For every civil case
filed:
(a)� An additional fee to be deposited to the credit of
the Comprehensive Electronic Court Systems Fund established in Section 9-21-14................................................... $���
10.00
��������� (b)� An additional fee
to be deposited to the
credit of the Judicial System
Operation Fund established in
Section 9-21-45....................................... $���
40.00
���� (4)� Cost of process shall
be borne by the issuing party.� Additionally, should the attorney or person filing
the pleadings desire the clerk to pay the cost to the sheriff for serving
process on one (1) person or more, or to pay the cost of publication, the clerk
shall demand the actual charges therefor, at the time of filing.
���� (5)� For each civil case
filed including an adoption involving the Department of Child Protection
Services, the filing shall be exempt from any fee under this section.
���� SECTION 5.� Section
25-7-13, Mississippi Code of 1972, is brought forward as follows:
���� 25-7-13.� (1)� The clerks of
the circuit court shall charge the following fees:
(a)� Docketing, filing, marking and registering each
complaint, petition and indictment................................ $�� 85.00
���� The fee set forth in this
paragraph shall be the total fee for all services performed by the clerk up to and
including entry of judgment with respect to each complaint, petition or
indictment, including all answers, claims, orders, continuances and other
papers filed therein, issuing each writ, summons, subpoena or other such
instruments, swearing witnesses, taking and recording bonds and pleas, and
recording judgments, orders, fiats and certificates; the fee shall be payable
upon filing and shall accrue to the clerk at the time of collection.� The clerk
or his or her successor in office shall perform all duties set forth above
without additional compensation or fee.
(b)� Docketing and filing each motion to renew judgment,
notice of renewal of judgment, suggestion for a writ of garnishment, suggestion
for a writ of execution and judgment debtor actions and issuing all process,
filing and recording orders or other papers and swearing witnesses............................................. $��
35.00
(c)� For every civil case filed, an additional fee to be
deposited to the credit of the Comprehensive Electronic Court Systems Fund
established in Section 9-21-14.................... $�� 10.00
(d)� For every
civil case filed, an additional fee to be deposited to the credit of the
Judicial System Operation Fund established in Section 9-21-45..................................... $��
40.00
���� (2)� Except as provided in
subsection (1) of this section, the clerks of the circuit court shall charge
the following fees:
(a)� Filing and marking each order or other paper and
recording and indexing same...................................... $��� 2.00
(b)� Issuing each writ, summons, subpoena, citation,
capias and other such instruments................................. $��� 1.00
(c)� Administering an oath and taking bond.... $��� 2.00
(d)� Certifying copies of filed documents, for each
complete document.............................................. $��� 1.00
��������� (e)� Recording orders,
fiats, licenses, certificates, oaths and bonds:
First page........................................ $���
2.00
Each additional page.............................. $���
1.00
��������� (f)� Furnishing copies of
any papers of record or on file and entering marginal notations on documents of
record:
If performed by the clerk or his or her employee,
per page.............................................. $���
1.00
If performed by any other person, per page......... $����
.25
(g)� Judgment roll entry..................... $��� 5.00
(h)� Taxing cost and certificate.............. $��� 1.00
(i)� For taking and recording application for marriage
license, for filing and recording consent of parents when required by law, for
filing and recording medical certificate, filing and recording proof of age,
recording and issuing license, recording and filing returns $�� 35.00
���� The clerk shall deposit
Fourteen Dollars ($14.00) of each fee collected for a marriage license in the
Victims of Domestic Violence Fund established in Section 93-21-117, on a
monthly basis.
��������� (j)� For certified copy
of marriage license and search of record, the same fee charged by the Bureau of
Vital Statistics of the State Board of Health.
(k)� For public service not particularly provided for,
the circuit court may allow the clerk, per annum, to be paid by the county on
presentation of the circuit court's order, the following amount $5,000.00
���� However, in the counties
having two (2) judicial districts, such above allowance shall be made for each
judicial district.
(l)� For drawing jurors and issuing venire, to be paid by
the county................................................ $��� 5.00
(m)� For each day's attendance upon the circuit court
term, for himself or herself and necessary deputies allowed by the court, each
to be paid by the county.................................. $�� 85.00
(n)� Summons, each juror to be paid by the county upon
the allowance of the court................................. $��� 1.00
(o)� For issuing each grand jury subpoena, to be paid by
the county on allowance by the court, not to exceed Twenty-five Dollars
($25.00) in any one (1) term of
court................................................. $���
1.00
(p)� For each
civil filing, to be deposited into the Civil Legal Assistance Fund.................................. $���
5.00
���� (3)� On order of the court,
clerks and deputies may be allowed five (5) extra days for attendance upon the
court to get up records.
���� (4)� The clerk's fees in
state cases where the state fails in the prosecution, or in cases of felony
where the defendant is convicted and the cost cannot be made out of his or her
estate, in an amount not to exceed Four Hundred Dollars ($400.00) in one (1)
year, shall be paid out of the county treasury on approval of the circuit
court, and the allowance thereof by the board of supervisors of the county.� In
counties having two (2) judicial districts, such allowance shall be made in
each judicial district; however, the maximum thereof shall not exceed Eight
Hundred Dollars ($800.00).� Clerks in the circuit court, in cases where appeals
are taken in criminal cases and no appeal bond is filed, shall be allowed by
the board of supervisors of the county after approval of their accounts by the
circuit court, in addition to the above fees, for making such transcript the
rate of Two Dollars ($2.00) per page.
���� (5)� The clerk of the
circuit court may retain as his or her commission on all money coming into his
or her hands, by law or order of the court, a sum to be fixed by the court not
exceeding one-half of one percent (1/2 of 1%) on all such sums.
���� (6)� For making final
records required by law, including, but not limited to, circuit and county
court minutes, and furnishing transcripts of records, the circuit clerk shall
charge Two Dollars ($2.00) per page.� The same fees shall be allowed to all
officers for making and certifying copies of records or papers which they are
authorized to copy and certify.
���� (7)� The circuit clerk shall
prepare an itemized statement of fees for services performed, cost incurred, or
for furnishing copies of any papers of record or on file, and shall submit the
statement to the parties or, if represented, to their attorneys within sixty
(60) days.� A bill for same shall accompany the statement.
���� SECTION 6.� This act
shall take effect and be in force from and after July 1, 2026.